Released_SF1449_ISWM.docx

FA480118Q0001

Section SF 1449 - CONTINUATION SHEET

MSW Monthly Collection - Base

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.1.

FOB: Destination

SIGNAL CODE: A

NET AMT

Unscheduled Items Pick-Up

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.3.1.1 and 1.1.3.6.

NET AMT

Special Events

Special Events (4 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

Special Events

Special Events (40 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

Lot

Landfill Tipping Fees

COST

Landfill Tipping Fees - Reference PWS 1.1.10.

***** Contractor- Do not price this CLIN; ***** **** Amount is estimated at $61,060.00/yr ****

This is a cost reimbursable CLIN IAW para 1.1.10.

ESTIMATED COST

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.1.

NET AMT

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.3.1.1.

NET AMT

FFP

Special Events (4 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

FFP

Special Events (40 yarders) - Reference 1.1.3.1.2.

NET AMT

Cost

COST

Landfill Tipping Fees - Reference PWS 1.1.10.

***** Contractor- Do not price this CLIN; ***** **** Amount is estimated at $61,060.00/yr ****

This is a cost reimbursable CLIN IAW para 1.1.10.

ESTIMATED COST

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.1.

NET AMT

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.3.1.1.

NET AMT

FFP

Special Events (4 yarders) - Reference 1.1.3.1.2.

NET AMT

FFP

Special Events (40 yarders) - Reference 1.1.3.1.2.

NET AMT

Lot

COST

Landfill Tipping Fees - Reference PWS 1.1.10.

***** Contractor- Do not price this CLIN; ***** **** Amount is estimated at $61,060.00/yr ****

This is a cost reimbursable CLIN IAW para 1.1.10.

ESTIMATED COST

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.1.

NET AMT

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.3.1.1.

NET AMT

FFP

Special Events (4 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

FFP

Special Events (40 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

Lot

COST

Landfill Tipping Fees - Reference PWS 1.1.10.

***** Contractor- Do not price this CLIN; ***** **** Amount is estimated at $61,060.00/yr ****

This is a cost reimbursable CLIN IAW para 1.1.10.

ESTIMATED COST

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.1.

NET AMT

FFP

Provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform integrated solid waste management (ISWM) collection at Holloman Air Force Base, NM in accordance with the Performance Work Statement (PWS) 1.1.1.3.1.1

NET AMT

FFP

Special Events (4 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

FFP

Special Events (40 yarders) - Reference PWS 1.1.3.1.2.

NET AMT

Lot

COST

Landfill Tipping Fees - Reference PWS 1.1.10.

***** Contractor- Do not price this CLIN; ***** **** Amount is estimated at $61,060.00/yr ****

This is a cost reimbursable CLIN IAW para 1.1.10.

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2019

ERICA ARAGON

550 TABOSA AVE BLDG 55 RM 110

HOLLOMAN AFB NM 88330

575-572-5038

F2E3CE

30-SEP-2019

F2E3CE

30-SEP-2019

F2E3CE

30-SEP-2019

F2E3CE

30-SEP-2019

F2E3CE

30-SEP-2020

F2E3CE

30-SEP-2020

F2E3CE

30-SEP-2020

F2E3CE

30-SEP-2020

F2E3CE

30-SEP-2020

F2E3CE

30-SEP-2021

F2E3CE

30-SEP-2021

F2E3CE

30-SEP-2021

F2E3CE

30-SEP-2021

F2E3CE

30-SEP-2021

F2E3CE

30-SEP-2022

F2E3CE

30-SEP-2022

F2E3CE

30-SEP-2022

F2E3CE

30-SEP-2022

F2E3CE

30-SEP-2022

F2E3CE

30-SEP-2023

F2E3CE

30-SEP-2023

F2E3CE

30-SEP-2023

F2E3CE

30-SEP-2023

F2E3CE

30-SEP-2023

F2E3CE

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

(a) Definitions. As used in this clause--

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

Contractor must ensure information is in SAM

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

The total evaluated price of the proposal was inclusive of all CLINs for the base period, all option periods to be exercised under FAR clause 52.217-9, and any possible extension under FAR clause 52.217-8 for up to six (6) months. If an extension under FAR clause 52.217-8 is exercised, pricing will be at the same rates as the last option in accordance with (IAW) FAR clause 52.217-8, unless there are changes to the applicable Wage Determination IAW Department of Labor Fair Labor Standard Act.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

52.219-17 SECTION 8(a) AWARD (JAN 2017)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the 49th Contracting Squadron the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Department of Air Force Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Department of Air Force.

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that

(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

49TH CONTRACTING SQUADRON/PKA

Attn: Sally D. Roberts 490 FIRST STREET, STE 2160 (Bldg 29)

HOLLOMAN AFB, NM 88330-8277

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/farsite_alt.html

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/farsite_alt.html

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Addenda to 52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014 ) Contractor shall ensure all data is updated in SAM.

END Addenda to 52.204-17

Addendum to 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017) FAR provision 52.212-1, is hereby tailored as follows:

(c) Period for acceptance of offers. The Offeror agrees to an offer acceptance period through 30 Dec 18. An award is estimated to be made by 17 Aug 18.

(d) Delete

(e) Delete

(h) Delete

(b) Submission of offers. In addition to this paragraph's (1) through (11), the following are added:

(12) Purpose: The purpose of these instructions is to prescribe the format of proposals and describe the approach for the development and presentation of proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government can make an award based on the initial offers received, without discussion of such offers.

(13) Proposal Format: Each proposal shall be submitted as one document, tabbed for each part. Any commitments made in the proposal shall become a part of the resultant contract.

(14) Submission Requirements.

(i) Submit one original and three (3) additional “hard” copies of Part I – Technical Proposal and Part II – Past Performance Information behind appropriate tab, labeling as Copy 1, Copy 2 & Copy 3. Submit one (1) electronic copy of all Parts I, II & III, as follows: The recordable, virus-free data compact disk (CD) shall contain the entire proposal (all Parts) and located in the front of the loose-leaf binder; Label the binder and CD with solicitation number, title, Offeror’s name and marked Source Selection Sensitive/For Official Use Only. Failure to provide an electronic copy as specified may render the proposal nonresponsive. Within the CD, use a separate electronic file for each part. Files may not be compressed. Submit electronic proposal documents in a format readable by Microsoft (MS) Office Word 1997-2003 or 2007, 2010 or 2013, MS Office Excel 1997-2003, 2007, 2010 or 2013, and MS Office Power Point 1997-2003, 2007, 2010 or 2013, as applicable. In the event of discrepancy(s) between the hard copies and electronic copies of a proposal, the hard copies shall take precedence and be used for evaluation. The completed documents should be marked Source Selection Sensitive/For Official Use Only.

(15) The Contracting Officer (CO) and/or Contract Administrator (CA)(s) are the only points of contact for this acquisition. Address any questions or concerns, in writing, you may have to BOTH of the following:

Adanma I. Osakwe, CA – adanma.osakwe@us.af.mil and Sally D. Roberts, CO – sally.roberts@us.af.mil

(16) Part I – Technical Proposal (Factor 1):

1. The technical proposal shall not make reference to price data. The proposal will be evaluated as acceptable or unacceptable for Factor 1 and its subfactors.

2. Technical Proposal Requirements: The technical proposal will describe the capability of your organization to perform the requirements of the contract, it shall be specific and complete. The proposal shall not merely offer to perform work in accordance with the PWS, but shall outline the actual method proposed as specifically as possible. Non-conformance with the instructions provided may result in an unacceptable technical evaluation.

3. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but, rather, shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offeror's proposal.

4. Your technical proposal shall contain the information specified below in accordance with the following subfactor:

Subfactor 1 – Continuation Of Essential Contractor Services. Offerors must provide a written plan describing how it will continue to perform the essential contractor services as described in DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services.

Subfactor I must be met in order to be deemed technically acceptable. If a proposal is determined “unacceptable,” the Contracting Officer (CO) will promptly notify the offeror that the proposal will not be considered for award and shall indicate, in general terms, the basis for the determination.

(17) Part II – Past Performance (Factor 2):

Past Performance will be evaluated as acceptable or unacceptable based on recent and relevant as defined below.

· Recent is defined as within the last three (3) years (contract must be currently on-going or started no earlier than May 2015).

· Relevant is defined as contract work in the area of Integrated Solid Waste Management (ISWM); i.e. refuse collection services as identified in the scope of work of the Performance Work Statement (Attachment 1 to this solicitation).

Contractor's Past Performance shall consist of the following:

Pertinent Information: Use the 2-page Attachment 4, PPIS for the basic information. Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with the Offeror's overall job performance and quality of the Offeror's completed contract services for the same or similar type contract, ISWM services, referenced in this solicitation. The Offeror may provide the amount of time the Offeror has been doing this type of work and a description of the work performed. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems affecting performance (such as numerous incidences of re-performance of work, discrepancies, etc.). It is the Offeror's responsibility to ensure all past performance data submitted is current and correct so that the Government can perform a proper evaluation.

Past Performance section is limited to a maximum of the three (3) most recent/relevant contracts performed for federal agencies and commercial customers, with a page limit of two (2) pages per contract; therefore, an overall page limit of six (6) pages, not including Attachment 4, Past Performance Information Sheets (PPIS).

Where a teaming arrangement (as defined at FAR Subpart 9.6) is proposed, an additional maximum of up to three (3) projects for partner(s)/subcontractor(s) shall be submitted. Thus a maximum of no more than six (6) projects (3 for the prime and 3 for the subs or other partners) shall be submitted in total. The page size shall be 8½ x 11 inches.

Where a teaming arrangement is proposed, a narrative and/or the actual Teaming Agreement if one exists, shall be submitted as part of the proposal by the managing partner of the prime contractor. The Government is interested in the roles, responsibilities, and distribution of effort (by type and percentage) between the parties in performance of the Government's requirement and this narrative may enhance the Government's understanding of your proposal. This narrative and/or Teaming Agreement will not count against the stated page size limitation.

(18) Part III – Price Data (Factor 3):

This section of the proposal shall include only the following:

(a) Complete blocks 17 (code & facility code = cage code #) and…